TERMS AND CONDITIONS OF USE
Date of Last Revision: August 22, 2019
TERMS OF USE
WHEN YOU CHECK THE “AGREE” BOX FOR THESE TERMS OF AND CONDITIONS OF USE AND/OR ANY OTHER SUCH FORM OF THE SAME PRESENTED TO YOU FROM TIME TO TIME ON THIS SITE YOU ARE AGREEING TO THESE TERMS AND CONDITIONS OF USE. BY CONTINUING TO USE THIS SITE, FROM TIME TO TIME, YOU REAFFIRM THESE TERMS AND CONDITIONS OF USE AS AN ON-GOING AGREEMENT IN SUCH FORM AS MAY BE AMENDED FROM TIME TO TIME.
USE OF THE APP
Dr. Hank, LLC (“Dr. Hank,” “we “, “us“, or “our “), owns and operates this website located at dev.mydrhank.com (“Website,” and collectively with any affiliated mobile application (“App”), the “Site”). The Site is intended to facilitate the provision of the Service to registered users. The “Service” includes (i) providing individuals with information on health care and wellness (“Content”); (ii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments and communications; (iii) administrative support in connection with scheduling and payment for health care provider services; and (iv) telecommunications support for using the Service as a means of direct access to health care providers for communication, consultations, assessments, and treatment by such health care providers.
Please read these terms and conditions (”Terms of Use”) carefully because they govern your use of the Site and the Services. In these Terms of Use, the terms “you” and “yours” refer to the person using the Service.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 91.1
THE SERVICE MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Your access to and use of the Service is subject to these Terms of Use as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Service or any information or Content provided through the Service, as defined in these Terms of Use. The Service is continually under development, and Dr. Hank reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Service is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole remedy is to discontinue your use of the Service. Your continued use after a change has been posted constitutes your acceptance of the changes.
THIS SERVICE ENABLES COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER.
IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.
AVAILABILITY
Our Service is currently only available to individuals utilizing the Service in the United States.
Health care providers providing Services through the Site, or as facilitated by Dr. Hank, are licensed to practice in the states in which they treat patients.
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
- Interactions between a patient and health care provider via audio, video, and/or data communications; and
- Use of output data from medical devices, sound, and video files.
The electronic systems used in the Service will incorporate reasonable network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
RISKS OF TELEHEALTH SERVICES
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
PRIVACY POLICY
Dr. Hank understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy available on the Site for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.
YOUR RELATIONSHIP WITH DR. HANK
Dr. Hank provides a platform for you to consult with our pharmacy partners, and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. By submitting your information to the Pharmacy, you authorize the Pharmacy personnel to contact your physician using the contact information you provide, or by other means. The health and wellness resources made available through our Service are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a health care provider through the Service, you are not entering into a provider-patient relationship with Dr. Hank.
By accepting the Terms of Use, you understand that the Pharmacy or a health care provider may send you messages, reports, and emails via the Service regarding the treatment of your condition or in response to your inquiry. It is your responsibility to monitor these messages, reports, and emails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.
Our pharmacy partners include Dunklau Pharmacy Holdings, LLC, InnovaScript, and PCM Venture I Pharmacy (each, a “Pharmacy”).
Dr. Hank does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication through the Service, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee that a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Dr. Hank honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Dr. Hank to transmit that prescription to the pharmacy of your choice.
CONSULTATIVE SERVICE
In some cases, a health care provider may use the Service to provide advice or treatment to you. A health care provider consulting with you through the Service may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, Dr. Hank strongly encourages you to provide all relevant information and discuss all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Dr. Hank may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Service may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose your condition, disease or injury.
SITE CONTENT
Other than the personalized content we may send you through an in-App message, you should not consider Content on the Site to be medical advice.
REGISTRATION AND USER ACCOUNTS
You are obligated to register with Dr. Hank in order to access the Service, although certain pages of the Site are accessible by any individual and subject to the Terms of Use available on the Site. However, the Service is available only to users who have registered with Dr. Hank or other persons affiliated with Dr. Hank who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to Dr. Hank. If you do not maintain such information, or Dr. Hank has reasonable grounds to suspect as much, Dr. Hank has the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify Dr. Hank of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing Dr. Hank at [email protected]. Dr. Hank reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the App and your Secure User account.
You agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. Creating more than one account substantially limits the ability for a health care provider using the Service to provide appropriate care and may be unsafe to you. Dr. Hank explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM
The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. You may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.
ACCESS RIGHTS AND PROHIBITED USE
We hereby grant to you a limited, non-exclusive, nontransferable right to access the App in the United States and to use the Service solely for your personal non-commercial use and only as permitted under these Terms of Use and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the App to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the App to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the App; (d) distribute viruses or other harmful computer code through the App or (e) otherwise use the App in any manner that exceeds the scope of use granted above.
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE
With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), any information you transmit to Dr. Hank via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Dr. Hank and/or (i) any affiliated professional entities, (ii) individual health providers utilizing the Service, or (iii) the Pharmacy.
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Dr. Hank shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Dr. Hank via the Service or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
OWNERSHIP OF SITE CONTENT
The Site, including the App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), and other Content, are owned or used under license by Dr. Hank and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App except as generally and ordinarily permitted through the App according to these Terms of Use. You must not access or use for any commercial purposes any part of the App.
TRADEMARKS
Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks “) of Dr. Hank or other entities. You are not authorized to use any such Marks without the express written permission of Dr. Hank. Ownership of all such Marks and the goodwill associated therewith remains with us.
TERMINATION
Dr. Hank may suspend or terminate your use of the App for any reason at any time. Subject to applicable law, Dr. Hank reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies. After such termination, Dr. Hank will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or we are required to provide you with continuing care under our applicable legal, ethical and professional obligations to you. You agree that if your use of the Service is terminated pursuant to these Terms of Use, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Dr. Hank harmless from any and all liability that Dr. Hank may incur therefore.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. WE PROVIDE THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. DR. HANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DR. HANK OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Dr. Hank, its affiliates, subsidiaries, and its directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of the Service, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.
GEOGRAPHICAL RESTRICTIONS
You may only use the Service in the United States only. Dr. Hank makes no representation that the App is appropriate or available for use in locations outside the United States.
PACKAGING AND FULFILLMENT RESTRICTIONS
By using a pharmacy with whom we partner, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
These Terms of Use and your use of the App shall be governed by the laws of the State of Tennessee, without giving effect to any conflict of law principles that would apply the laws of any other jurisdiction. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Nashville, Tennessee under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Nashville, Tennessee, for any action related to these Terms of Use.
All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
NO WAIVER
No waiver by Dr. Hank of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dr. Hank to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
NO AGENCY RELATIONSHIP
Neither these Terms of Use, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way
REMEDIES
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
ASSIGNMENT
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Dr. Hank and its affiliates may, in their sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Dr. Hank is transferred to another entity by way of merger, sale of its assets or otherwise.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA “) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counternotice. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided via email to [email protected].
TRADEMARK DISCLAIMER
All product and company names used on the Site or in the App are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
